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Session Laws, 1999
Volume 796, Page 602   View pdf image
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THE INSTITUTION AND RETURNED TO THE DIVISION OF CORRECTION TO SERVE THE
REMAINDER OF THE ELIGIBLE PERSON'S ORIGINAL SENTENCE.

(4) IF AN ELIGIBLE PERSON COMMITS A SECOND MAJOR VIOLATION
WHILE ON PAROLE, WORK RELEASE, OR LEAVE, THE ELIGIBLE PERSON SHALL BE
REMOVED FROM THE INSTITUTION AND RETURNED TO THE DIVISION OF
CORRECTION TO SERVE THE REMAINDER OF THE ELIGIBLE PERSON'S ORIGINAL
SENTENCE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 31B, §§ 11A and 11(b)(1).

In subsection (b)(1) of this section, the reference to a copy of any evaluation
team's report "that has been completed" is added for consistency with §
4-301(b) of this subtitle. In the case of an inmate who requests a transfer
to the Division of Correction, a report by an evaluation team may or may
not exist.

In subsection (b)(2) of this section, the reference to an inmate remaining
confined "in the Division of Correction subject to the authority of the
Maryland Parole Commission until release on expiration of sentence" is
substituted for the former reference to an inmate confined "until released
on parole in accordance with normal Parole Commission standards or
expiration of sentence" for clarity. No substantive change is intended.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (b)(2) of this
section refers to release "on expiration of sentence". The Committee
believes that, because of the applicability of diminution credits under §
4-308 of this title, it would be more appropriate to refer to release "on
expiration of sentence or under mandatory supervision, as defined in §
7-101 of this article". See, e.g., § 4-304(a) of this subtitle.

In subsection (b)(4) of this section, the reference to any right to parole
consideration that the inmate may "have at the time of transfer" is added
to state expressly that which was only implied in the former reference to
any right to parole consideration that the inmate may "then have".

In subsection (c)(l)(iii) of this section, the reference to a "crime" is
substituted for the former reference to an "offense" for consistency
throughout this article. See General Revisor's Note to this article.

In subsection (c)(1)(vi) of this section, the defined term "eligible person" is
substituted for the former reference to an "inmate" for consistency within
this subsection.

In subsection (c)(2) of this section, the former reference to "a period of" 6
months is deleted as implicit in the reference to "6 months".

Defined terms: "Board of Review" § 4-101
"Commissioner" § 4-101
"Correctional facility" § 1-101

 

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Session Laws, 1999
Volume 796, Page 602   View pdf image
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